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November 28, 2022

Appellate Court Reverses Circuit Court’s Dismissal of Complaint Against Dolton and Police Officer –

By John Kraft & Kirk Allen

On November 1, 2022

Chicago, IL. (ECWd) –

An Appellate Court decision published on October 28, 2022, reversed the circuit court’s order dismissing the complaint against the Village of Dolton and Police Officer Ryan Perez.

This case was brought after Solomon Agwomoh died minutes after a physical altercation with Dolton Police Officer Ryan Perez at the Advocate Christ Medical Center in Oak Lawn.

We agree with Ms. Agwomoh that neither section 4-102 nor section 2-202 provides immunity to Officer Perez and the Village of Dolton as a matter of law. These defendants were not entitled to summary judgment under section 4-102 because Officer Perez was present at the hospital to maintain custody of an arrestee and there was no undisputed evidence that he had pivoted from his law enforcement role to providing police protection services. In addition, for section 4-102 to apply the liability alleged must come from the failure to provide police protection services. Summary judgment was inappropriate under section 2-202 because whether Officer Perez engaged in willful and wanton misconduct presents a question of fact that ought to go to a jury. For these reasons, we reverse the circuit court’s grant of summary judgment in favor of the Village of Dolton and Officer Perez, and we remand for further proceedings. ”

Read Appellate Court decision below (or here):

Agwomoh v. Village of Dolton, 2022 IL App (1st) 210892

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